PROFESSION A~ ETIDCS & PROFESSIONAL ACCOUNTING SYSTEM

MODULE I -ADVOCACY (THE ADVOCATES ACT,_1961)

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The legal profession is often called a noble profession because it serves I
La~ ers and legal professionals can
· society and upholds the law. The legal profession is "the most brilliant
and attractive of all professions, with responsibilities both inside and
have a significant impact on society by:
~Advocating for· social justice
I
-outside it." The underlying ethos of the legal profession is the service
to society. The aim is to protect citizens from social diseases. The
,_,,.,,,. Helping those in need
/ Resolving disputes
'!
Defending basic rights -· ~
purpose of law in society is to preserve the moral sanctity that regulates . /
' .
a society. Therefore, the legal profession is regarded as a noble /
/ Upholding the constitution
Maintaining ethics
profession as it is the upholder and protector of law. It is a service-
/ Safeguarding human dignity
oftented pmfession wtucn aims to serve society. Lawyers are / Promoting social progress
. considered to be social engineers, who bring about social change and
development.
The law is essential to maintaining a just and equitable society, and lawyers play a critical role in upholding
the law and ensurmg that md1v1duals and organizations are held accountable for their actions. Lawyers also
provide a valuable service to their clients, helping them navigate complex legal systems and protecting their
rights and mterests. In addition, the legal profession has a long history of public service and advocacy. Many
lawyers use their legal skills to serve their communities and praroo!e social j ustice working on behalf of
disadvantaged groups or advocating for important causes. Overall, the legal pr6fession is considered noble
because tt requires a commitment to Justice, a strong ethical code, and ·a dedication to serving others.
WJ,y Professional Ethics are.needed?
. Professional ethics is a set of moral principles and values that guide the behaviour and .conduct of individuals
in a professional setting. It encompasses various aspects such as integrity, honesty, accountability, and
. responsibili!)'. In today's fast-paced and competitive world, working professionals need to abide by
professional ethics to ensure that they can build successful and sustainable careers.

The code of conduct in any profession is important; and perhaps the most pressing in the legal profession
where lawyers are partjcu)ady viewed with suspicion. Compulsory conduct is therefore essential in ensuring
the integrity of employees and the legal system as a whole. Lawyers ·and other legal practitioners are often
confronted with conflicting interests from the clients they represent, in the community for larger and more
independent purposes. Legal principles are therefore important in helping an attorney to navigate the critical
·balance of these interests and work for the best promotion.

Th~ code of conduct also protects the interests of the ·injured client and ensures that they receive the service
~ ithout discrimination: If advocates do not follow, and promote, the principles ofjustice, fairness and equality,
the law itself will be vioiated and public confidence in the law will be undermined, thus preventing access to
justice. Therefore, the legal profession has a great responsibility to the community as sponsors of the rule of
law, as .Well as defenders . of individual rights in the fight against abuse of power. The Supreme Court
, in Haniraj L. Chulani v. ·Bar Council of Maharashtra and Goa, AIR 1996 SC 1708, has rightly observed
that the legal profession is a companion with the judiciary in the administration of justice.

• Preserving Justice - Justice is the cornerstone of any civilized society. Legal professionals, including
lawyers and judges, are e1,1trusted with the sacred duty of preserving justice. They must ensure that the
scales of justice remain' balanced and that every individual receives fair treatment under the law. Legal
ethics serve as the compass guiding lawyers to act impartially in the interest of justice.
• a
Upholding the Rule of Law - The rule of law is fundamental principle that ensures the unifc)fm and
consistent application of laws. Irrespective of one's status or power. Legal professionals play a pivotal role
in upholding the rule oflaw by adhering to ethical principles. Judges must remain impartial, lawyers must

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respect their client's rights, and paralegals must an. e sens1t1ve m onn~t10_n with care. In the
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. th rule of law becomes a mere facade. Leadm to une ual a hcat1on of laws and <1.\:i' ~o, ,r;:,'i ~ t
eth 1cs, e a los~ {\~ Ii: -~ ·,9 ~
in the justice sy.stem. s ~t ,.\~ ~~ / ~~ ~
• • , Public Trust_ Public trust in the legal system is paramount. When citizens percei f f r6'
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· as ethical and trustworthy More like) ' to coo erate with le al authorities and
pro fiesston _- . . . . . resp ect \~\\~
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dec1s1ons. H wever unethical behav10r
o , ,. . by legal professionals
. hcan breed skepttc1sm,
. cynicism' and a \a~'- 1.1
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of confidence in the justice syste~. A los~ of pubhc trust can ave far-reaching consequenc~s, inclu~~
an erosion of social order and an increase m lawlessness.
• i ;otecting Individual Rif{.hts - Legal-professionals are often th~ guard_ians ~f i~di~id~al rights. Ensuring
that everyone is entitled to a fair trial. due process, and protection agamst d1scnmmat1on. Lawyer Ethics
in the legal profession is ~ssential to fulfilling this duty. For instance, lawyers must maintain attorney-
client privilege, judges. must provide fair and unbiased rulings. P_rosecutors must seek justice rather thar.!_
convictions at any cost. Without ethics, individual rights are at risk of being trampled upon, leading to
injustice and societal unrest ·
• Ongoing Ethical Education - The legal profession is not static; it evolves in response to societal changes,
legal developments, and shifting ethical norms. Ethical education is essential fo~ legal professionals to
sustain hjgh standards in theit_careers. Continuous learning equips legal professionals to handle ethical
dilemmas and adapt to evolving legal landscapes. Ethical ..education helps legal professionals adapt,
.address complexity, and maintain trust with clients and the public.
• Preventing Co"uption - Lawyer Ethics in the legal profession are a bulwark against corruption. Legal
professionals are privy to confidential information, wield considerable power, and can influence outcomes.
Ethical guidelines, such as the duty of confidentiality and the prohibition of bribery. Which are essential
in preventing corruption and maintainmg the purity of the legal system. When legal professionals act
unethically, they can become enablers of corruption, compromising the very ideals ofjustice and fairness.
·• Ensuring Accountabilizy - Accountability is a core tenet of lawyer ethics in tlie legal profession. Legal
professionals are accountable for their actions, and ethical standards provide· a framework for assessing
and addressing misconduct. Disbarment and judicial impeachment are checks to hold legal professionals
accountable for unethical conduct. This accountability reinforces the importance of ethical conduct and
discourages malpractice.
• " Legal Ethics and Public Policy - In public policy, legal ethics serve as a guiding compass, directing
policymakers and professionals toward just and human rights-aligned decisions. Take, for instance, the
realm of human nghts advocacy. Legal professionals working in this domain understand that their ethical
obligations extend far beyond the courtroom. L~gal ethics shape policies for international human rights,
a!dressing refugee rights, gender equality, andJreedom of expression.
• Fostering Professionalism - Lawyer Ethics in the legal profession fosters a sense of professionalism and
civility among legal practitioners. Respectful and ethical behavior in interactions with colleagues, clients,
'!11-d opposing parties is essential. To maintain the dignity and reputation of the' legal communiD7. This
professionalism not ·only enhances the working environment but also contributes to more effective
resolution of disputes and negotiations.
• Resolving Ethical Dilemmas - Legal professionals often encounter complex ethical.dilemmas in their
practice. These dilemmas may involve conflicts of interest, attorney-client privilege, or the duty to report
unethical behavior. Ethical guidelines provide a framework for navigating these challenges. Le~
professionals, by following ethical priociples, can make iofaaned decisions'that honor both the law's spirit
and their professional responsibilities. -
• . Ethical Leadership- Legal professionals, by the very nature of their roles, become ethical leaders within
~ir communities and the broader legal system. Their influence extends well beyond the courtroom,
encompassing e@cal stewardship, advocacy for justice, and the promotion of professional integrity.
Ethical leadership in the legal profession involves multiple facets that enrich both society and the legal
community.
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 l ethics is to maintain honour and
/11 the words of Chief Justice Marshall - "The fundamental aim o(lega
between the Bench and the Bar in the
dignity of the Law profession, to secure a spirit of,friendly cooperation
fair dealings with the counsel, with his
promotion of higher standards ofiustice, to establish honourable and
clients, opponent and witnesses. "
Their efforts solve the conflicts
Advocacy is an honourable profession. Advocates are part and parcel of Court.
place .in the society. Advocacy is
in the society. Advocates defend the rights and liabilities. They hold unique
the hallmark. In J. S Jadhav v.
not a craft but a calling ; a profession wherei n devotion to duty constitutes
oflndia observed that "Advocacy
Mustafa ll{Jji Mohamad Yusuf 1993AIR 1535, the Hon'ble Supreme Court
utes the hallmark. The sincerity of
is not a craft but a callin ; a rofession wherein devotion to dut constit
bare aloft the advocate to the tower
· per ormance and the earnestness of endeavour are the two win s that will
account. This"is the reason why
o success. Given these virtues , other qualifications will follow of their own
the legal profession 1s regarded as a noble one."
by a code of ethics which outlines
The legal profession, characterized by its commitment to justice, is governed
legal ethics are codified in the
the expected righteous behaviour and conduct of le al ractitioners. In India,
oflndia Rules. These rules dictate
A vacates ct, 1961, and detailed in Chapter H, Part VI of the Bar Council
by Section 49 (1) (c) of the Act.
the professional standards and conduct required of advocates, as empowered
highlight essential qualities for
Judg~ Edward Abbott Parry\introduced the 'seven lamps of advocac ' which
in his book on professional
advocates. Justice V. Krishnaswamy Aiyar later a e an eighth lamp, "tact,"
s advocates must possess to
conduct and advocacy. These lamps collectively represent the crucial qualitie
· succeed in their profession and maintain the integrity of the legal system.
Seven Lamps of Advocacy by Judge Abbot Parry l
ance and value, let's discuss
To hav.e a clear overview of what these lamps indicate and what is their import
each of them one by one:
[ Honesty} Honesty in a profession is the official
An advocate should be:
policy that should be used by every person ► Honestwithhis ~
while interacting with another person. Honesty • He must tell his client about the position of the case every
shouid reflect . in the thoughts, words and time.
• Anadvo cate must talk about the merits of the case
behavior of an advocate. It is honesty that • · He must talk about the demerits of the case or any
increases the personal and profess iaoal consequences which can lead to the loss of his client.
reputation of the person in a society. The • If an advocate is going to lose the case in court, he should
reputation of an advocate· is the thing that talk about this.
Honest with opposition- An advocate should be honest even.
. includes his fame and trust wjth his clients and ► with his opposition party. He should not give any false facts to
bar. An advocate is expected to be honest while take the case in the opposite direction. Deceiving a person in a
aealing with the case and making arguments and case should not be the purpose of an advocate .
► Honest to law- The person who is filing the case in the court is
producing oral arid documentary evidence in the here to take justice, not to check the talent of an advocate.
court of law. The judge decides the case on the Honest with the law means an advocate should give the truthful
basis of the submis sion and argume nts done by fact in front of the judge. not any false statements. Telling the
an advocate on the behalf of his client. If wrong truth in front of the judge is the best practice for honesty.
fact represented by an advocate can punish an
possess and it should be reflected
innocent person. Honesty is the most crucial quality that an advocate must
reliable in a fiduciary capacity to
in his thoughts; words, and deeds. An advocate should be dependable and
e both professional and personal
all who seek his services and advice. Honesty in the profession will increas
reputation and respect in society.
cy. _Courage means the ability to
1Courag3: Courage is one of the important factors in seven lamps of advoc~
and confident while arguing in a
stand in front of the court without any fear. An advocate should feel prnud
and honest facts represeht on the
case. It builds the ability of an adv~cate to convince the judge that his true

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behalf of his client.. A lawyer faces many pro bl ems w h t e ea mg wit C1v1I litigation or Critn· ~ (le.; ~
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· _He should have the courage to stand .i~ that ~ase and remove these prob lems fear!essly. He sho~~~I liti ~ ~
ready to fight all the problems and social e.v tls. Advocates can use cour~ge a~ their weapon, but for~~\ • • • ~r~
must have a deep knowledge of the law. Not al! cases are easy for deal mg ~•th, an advocate can get t~~ \\, ~ ./
related to murder material rape, abatement, Child labor etc. He should have the courage to take ever . ~, s:
case. It is an adv~cate's duty to work to uphold the interests of his/her clients by all fair means withou~ ~ .-;J
-z;r unpleasant consequences to himself or any other person. Knowledge and skill increase the courag~ I\~
~=;.:.~~~~-;::,i: :::ti:::=:;1e;~~:aIT.· a case th at .ts .111 th e c 1·tents
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confidence in an advocate to present its best foot ,orwar s 111
_·jlndustrt: Ignorance of the Jaw is not an ~xc_use. He must have the knowledge of the law for which he is
dealing in a case. We all know that the law ts hke an ocean; no one can be the master of law. But an advocate
should know about the Jaw used in the case in which he is dealing for. Advocates should have knowledge,
~ttitude and skill while dealing wjth the case. To get the knowledge of the law and understand the law Ile
should have given sufficient time for that. No advocate can win the case without sufficient knowledge of the
law. He must have given the time for the case so that he could deal perfectly with that case and increase Q.is
chance to wjn the case. Our law is nor static, it keeps changing with the need of society every time to solve
th~ various new problems of the society. An advocate should update himself with these new laws. Even if a
· lawyer was good enough to-deal with all the cases in the previous time, and now he does not stay up to date
with new laws, he will face difficulties while dealing with the case in the present time. There is nq w,ay other
. than hard work. Industry indicates hard work which is absolutely necessary for an advocate. The legal
knowledge of an advocate should be up to date and not ignor~t of the current law jn force and to gain the
required knowledge, an advocate must do a systematic study to getacquainted with the latest law. If they, i

1 'WitjBeing a professional lawyer in the field of law, a lawyer should have wit and a sense of humor. It is the
humor that keeps us calm and active. A person without a sense of humor will fight the case with anger which
isn't good for providing justice. Judges also like the advocates and witnesses which help them to provi4e
justice in a case. The wit is a necessary lamp to lighten the darkness of advocacy. A wit helps the advocates to
stay focused on his work and reduce the workload so that he can remain relaxed. It automatically removes the
mental strain of an advocate so that he can think beyond the limits of his mind. A well-prepared speech by an
advocate in front of the Judge will not always work. An advocate has to answer the questions of a Judge and
that question will check the wit and resence of mind o The questions asked by judges check the
intelligence an owledge of advocates related to the case. It happens many times that an advocate forgets
to produce something in the court or fails to answer some questions in the court. At that time, it is the wit of
an advocate which helps him to fill that gap. · -

ffiioquence:JThe lamp of eloquence is the art of speaking. Every An advocate can use the power of eloquence
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advocate delivers hi~ argument in front of the judge. But by:
eloquence is the way to give the arguments in a way that hotds • noticing the faults made by the opposite
a · long-lasting effect on the judge as well as the clients and party.
ljsteners in the courtroom. Eloquence is an o ~ that is used • Presence of mind in the case. -
by an adv.ocate for fluent and skill fu l use of com muoiratian • Knowledge and practice.
which touches the soul of a judge. An advocate who has a good • By setting th e relation between arguments
and justification.
knowledge of advocacy can use the eloquence language. for The skill to develop tlie equivalence in Hindi
·fluent speaking. There are some important points related to speech n:e<15 more and more knowledge. ·
eloquence as follow:
,_,Y"'"An advocate should be a skilled speaker
~ He should stay confident while giving the speech in front of the judge
~ He should be ~ while giving this speech.
~ e lang'-!age used by an advocate should be error-free _
~ He should have the ability to pause himself at the right moment

4IP a g e
 ~ This speech given by an advocate should be effective, not dramatic.
~ e should give this speech in a way that leaves an impression on the judge.
~ he language should be used in a way that should help the judge while writing his judgement.
~ e language should influence people towards the point of discussion.
~ se of the right law phrase and law maxim.
Eloquence is related to oratory art, which means fluent oral communication and skillful use of language with
. persuasion to appeal to others' feelings. The eloquence quality plays a crucial role in the success of advocates
in their profession as fluent speaking tends to impress the bench and attracts
Judgement· The lamp of judgement means the deep study of the present case and then make_an informed
opinion or that case. An advocate should think from two sides of the case· because it will help him to
understand the consequences of the case. By understanding the case from both sides, the advocates know the
ifrerits and demerits of that case. It helps him to anticipate the problems and tackle the same with his other
lamps of advocacy. A good advocate knows what will be the consequences after representing a witness in
~ - He should be aware of what questions can be asked by the judges and the opposite party after the
witl!ess. And he should be ready to counter these arguments and .questions from the opposite party and judges
of the case as well. Judgment is an intellectual capacity, 'the inspiration which enables a man to translate good
sense into right action.'[8] An advocate must exhibit a wise judgment-making quality to estimate, consider,
and fonn an opinion on the concerned issue with good sense and ability. Judgment here means the: q~p study
of the case and make an infonned opinion about the same with the related consequences that could.arise out
of it. After estimating the issues of the clients, he should them inform them of the accurate legal position
oj,e°nly. .

lffenowshiej The lamp of fellowship means membership in a friendly association or companionship. It is

pertinent to remember that although advocates are adversary partfos before the bench, they are not enemies
··and their conflict should end right after they come out of the court's doorstens. Advocates should keep burning
the fellowship lamp and encourage each other in the legal field while unmistakably expressing· individual
thoughts and views. Fellowship is one of the most important lamps of advocacy. An advocate must carry ·I
fellowship with his colleagues. When an advocate takes the case and argues, he argues against an opposite
-~dvocate. But it does not make them opposite to each other, they are just making arguments for the sake of
justice only. After finishing the argument in the court hall, the advocate should respect his opposite
advocate. Even while doing an argument in court, an advocate should respect his opposite lawyer as well.
The reason is, it is not the fight between both of them but it is the fight for justice only. After the judgement
·of the caught i;-a case, even if an advocate l case he should res ect the advocate who wins the case. If
an advocate starts fighting with each and every advocate who is opposing him in the case, he will m e al the
advocates his enemy which is not professional ethics. _A case ·
An advocate should refer to a judge as:
inust not bother his friendly relationship with other advocates. ..,,,Y" Learned Judge or Your HonQµr
An advocate should while referring to· tbe opposite advocate use ._.,.,... High court- your lordship or my lord
the term as a learned friend or learned counsel. Advocates should These are the terms that show respect towards
also use the lamp of fellowship for judges · also. It is the the other advocates and judges. It builds a
·arguments of an advocate which leads his case. The advocate friendship with another colleague.
· should respect the judge·even if he gave the opposite decision.
. . 8th Lamp of Advocacy
~ is the 8th lamp of advocacy. An Indian lawyer and former judge of Madras High Court "V
Krishnaswamy Iyer" has written the TACT in his book of PROFESSIONAL CONDUCT AND ADVOCACY
as the 8th lamp of advocacy. Sometimes it happens that the courtroom becomes a mess due to the heavy and
serious arguments by· advoc~tes. In those circumstances, advocates should know how to tackle the
situation. An advocate should know how to:
~ ontrol his client in that situation

SI P a ge
 • Control over the opponent advocate in the case.
• Persuade the judge
An advocate should use a great technique that will be able to control the messy situation .
courtr~om. (7+1) Tact K.V.Krishnaswamy Aiyer, in his ~ook_ "Profe_ssional Con~uct and ~dvoc?cy'~ \
one more lamp i.e. Tact. Tact means handling ~eop_le a?d s1tuat10ns sktlfully and without causm 70 ~~
advocate must be in a position to tackle and wm his client, opponent party, o onent a m smooth"
•· . Many people of unequal ability have failed for want o tac . An advocate should not quarrel with Cou
~ "d M f . d b·1· h
or loose temper over trifle things in the Court an.d o.uts~ e. en ~ unquestlo?e a ~ 1ty. ave suffered for
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quarrelling with the tribunal or'for standing on the1r d1gmty over tnfles, fo~ gettmg t~e1r ~hents, .or for losin,g_
their tempers; they are men of parts but more properly refers to the human side of puttmg mto action the res~ t
of one's judgment.
Brief History of Legal Professio·n in India
• Legal Profession in Ancient India: In India during the earlier period, people live in small groups. The
head of these groups or tribes delivered justice under the open sky before all the members. There was .!!2
specialist like a lawyer during those days. When kingship was established, the king delivered justice. King
was advised by his councilors. The law of those days was rooted in Hindu religion and custom. From the
stories ofMaryada Ramayana and Vikramaditya, we are well aware of the wise men who solved the critical
cases of those days. During those days, the sufferer presented complaints before the king and the king with
the help of his religious heads and wise courtier delivered the judgment.
• Legal Profession in Medieval India: During the Muslim period, there was the existence of the Legal
profession,.as the party of the litigation appoints their vakils. This body decides the case and they were
paid a percentage of the amount in the suit. However, in this period the legal profession was not so
9rganized. Vakils performed their work as an agent for the principal but not as lawyers .
.• Legal Profession in Britisi, India: During the British period, the model legal system was developed in
~ -Before @ he courts derived their power, not from the British Crown but the East India Company.
► Charter of 1726: The year 1726 marked the beginning of a new phase in the evolution of judicial
institutions in India. The mayor's courts were established in the presiding towns of Bombay, Calcutta, and
~ . they were the royal courts. The courts heard ·all civil suits, a~tion pleas between parties, they
followed the procedure based on English law. But there were no facilities to get the legal training. Many
persons who do not know law were used to practice before the said courts. The mayor's ~ourt has no
jurisdiction in criminal cases. The criminal jurisdiction was conferred on the governor. -
► Charter of1771: The British crown issued a charter i@ by which the Supreme Court of judicature ·
. was established at Calcutta. Clause 2 of the Charter empowered the said Supreme Court to approve and
enroll advocates and Attorney-at-law. The Supreme Court had powers to remove any advocate or Attorney
on reasonable cause. Even the Charter_of 1774 didn't provide for the appearance of the Indian Legal
Practitioners to appear and to plead before the Supreme Court. 'Advocate' means British and Irish
Barristers. 'Attorney' means the British Attorney or Solicitor. 1773 the Regulating Act empowered the
British Crown to establish a Supreme Court at Calcutta. Subsequently, the Charter of 1774 established the
Supreme Court of]ud1cature m Calcutta. This court had the power to approve and enrol advocates and
attorneys-in-law, who were autho_rised to appear and act before the court. However, Indian legal
pract1t1oners were not allowed to ractlce in the Su reme Court at that time.
► Bengal Regulation Act ofl 793: The Bengal Regulation Act o 1793 llowed qualified Hindu and Muslim
individuals to enrol as leaders in the Sardar Diwani Adalat, the highest civil court under the British
administration. This marked a significant step toward involving Indian legal professionals in the legal
system. This act for the first time provided for a regular legal profession for the company's court. Under
the regulation, only Hindu and Muslims were entitled to be enrolled as pleaders. Under this regulation
Advocates could not demand or accept any fees good s, effects or valuable consideration from the clients
over and above sanctioned fees. The ultimate punishment for the violation of this rule was the dismissal
of a lawyer. Regulation of 1793 laid the foundation of modern Vakala Nama (now described under Order
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 III, Rule 2 and 4 of CPC, 1908). Vakeels attached to one court were not permitted to plead in any other
~ Every pleader was r~quired to attend the court regularly and punctually. Absence in the Court had
to be notified to the Registrar of the Court. Failure to do so made an Advocate liable to.fine. A pleader
showing disrespect to the court could be fined up to Rs. 100. Fee was regulated by the Charter and jf more
fee was charged that was rescribed in the Charter, then it would amount to Sadar Adalat.
► In ian High Courts Act, 1861: Under this act, The British-Crown issued the C arter to establish one-High
. Court in each presidency town. The civil c·ourts were organized in provinces also subsequently. The Indian
High Court Act of 1861 authorised the government to establish Hi h Courts in Presidency towns. These
High Courts became pivota ms 1 u 10ns m e n tan legal system, providing a more organised and
S!ructured platform for legal proceedings.
► Legal Practitioners Act ofl879: The Legal Practitioners Act ot @rought about crucial changes in the
definition and scope of legal practitioners. It included the terms "Advocate," "Vakil," "Attorney,"
· "P.!_eader," "Mukhtar," and "Revenue Agent." Vakils were individuals who held law degrees from Indian
Universities, while pleaders and mukhtars were Indian lawyers. This Act aimed to regulate the profession
and improve the qualifications and conduct of legal practitioners. For the first time women were allowed
fo practice law.l\t was enacted to consolidate and amend the law relating to legal practitioners. It provided
tliat an Advocate or vakil on the role of any high Court can practice in all the s ourts subordinate to the
cpurts on the role of which he was entered. According to "this act, the High court was empowered to make
rules consistent with the aci as to suspension and dismissal of pleaders and mukhtars. Pleaders and
Mukhtars were the Indian lawyers, but advocates were to be the barristers.- -- - - - - - ,
► Indian Bar Committee 1923: It was constituted under the Chairmanship of\Sjr Edward Charmin~ It was
to consider the issue .of the organization of the bar on an Indian basis. The committee didn't favor the
fStablishment of the All-India Bar Council. It was of the view that a 'bar council should be constituted for
each High Court. The committee suggested that in all ;High Court a single grade of the practitioner should
be established, and they should be called Advocates. Further suggested that the Bar committee should have
the power to enquire matters calling for the disciplinary action against a lawyer and High Court should be
given disciplinary power to punish the guilty. The Indian Bar Committee, chaired by Sir Edward Chaminer
in 1923, explored the organization of the bar on an All-India basis. However, the committee did not favor
an All-India Bar Council, suggesting that separate bar councils be constituted for each High Court.
► Indian Bar Council Act, 1926: To give effect to some of the recommendations ·of the Indian Bar Committee
\.1923, The Indian Bar Council Ac9 was enacted in 1926. The main purpose of the act was to provide for
the constitution and incorporation of the Bar Council for certain courts, to confirm powers and impose
duties on such councils and also to consolidate and amend the law relating to le al ractitione f su h
courts. A provision was ma e 10 e ac . or e establishment of the Bar council for every high court. Every
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Biu-c'ouncil was to consist of 15 ~ ember~. Four of such members were to be nominated by the concerned
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High Court and IO of them were to be elected by the Advocates of the High Court frbm amongst
themselves. As a result, the Indian Bar Council Act of 1926 was enacted, establishing Bar,Councils for
each High Court. The distinction between barristers and advocates was abolished, allowing non-barrister
advocates to practice in High Courts. While the Act was a significant step towards organizing the legal
profession, the High Court still retained the power of enrollment of advocates and had control over the
functions of the Bar Council. ·
• Legal Professio11 ill I11dia !'ost-lndepe11de11ce: After gaining independence, India embarked on a journey
to reform and modernize various sectors. including the legal profession. The legal profession in India saw
a significant transfornrntion with the enactment of the Advocates Act of 1961 . This landmark legislation
aimed to bring about utility and dignity in the legal profession on an All-India basis. Let's delve into the
key provisions and impact of the Advocates Act of 1961.

71 Pa g e
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► All India Bar Commitlee. @
"~
AII India Bar Committee ~ ;,'-; ~
~ .~"VJ ~ '
was constituted under the chairmanship of Justice S.R. Das. In 1951 , the Government of I d' c!.ji § -~ ~
. n 6 ;:s-~ ~$ .;J r;; .
The committee in its report recommended the commi•ttee under Chairmanship 1a0 f constit111 ~.:. ti' 1:::i o ·,
Jusr ¾ 0
establishment of an All-India Bar Council and State bar (Das of Supreme Court for the follow· 1c~ ':!. ~ t:: '.t:> ~..., " .:i
. .. ..,, 'l.i S;-
ing pu,-,.._\ .
I ) The des1rab 1hty and feasibil"ty ·•"'t~ .::, ~iz, :i::,:S- ~ .o
Council. It recommended the powers of enrollment, '
comp Ietely um fied Bar for:---;:.:.:,! Of \ : _(;; ::;i C
the wh ~ ~ '1i • ~
suspension. or the removal of advocates to the Bar Council. India. O\e 11r ~ - ~~
Further recommended that there should be no further (2) The continuation or abolition of ditt ~
recruitment of non-graduated pleaders or Mukhtars. In C1~sses
· Ofl ega I practiti
··oners, like advocat ~ es t
of Supreme Courts, advocates of the various
I951, the All-India Bar Committee, under the chairmanship
High Courts, District Court, pleaders
of Justice S.R. Das, was formed to review the legal Mukhtars etc. '
profession's state and propose reforms. The committee (3)
The desirability of a single Bar Council for
submitted a report recomme nd ing the establishment of All (4) whole oflndia or for each State.
Consolidation and revision of the various
India Bar Councils and State Bar Councils. These bo4,ies
enactments relating to le~al practitioners.
would have the power of enrollpient, suspension or
removal of advocates, thus ensuring uniform standards and
discipline in the legal profession. The
committee proposed maintaining a common roll of advocates
authorized to practice in all courts across
the count[Y. It also advocated against further recruitment of non-g
raduated pleaders or mukhtars, aiming
to elevate the qualifications and professionalism of legal practitioner
s.
► 14th Report o(First Law Commission. 1958: The 14th
report of the First Law Commission ofln9ia, titled
Reforms of Judicial Administration, was submitted in 1958. The
report was divided into 57 parts and
included recommendations to the Ministry of Law on how to impro
ve the country's judicial administration
to be faster and less expensive. The report covered both civil and
criminal jurisdictions, from the lowest
to the highest courts. .
► Advocate Act. 1961: Parliamen.t enacted it in @ o__provide for State Bar Counc .
il and Bar Council of
India at a national level. It repeals Indian Bar Cot~ncil Act, 1926
and Legal Practitioners' A~t, 1879. As a
result of the Advocates Act, admission, practice, ethics,
privileges, regulations, discipline and
improvement of the profession as well as law reform are.now signif
icantly in the hands of the profession
~ - It brought revolutionary changes in the legal profession
in India. It sets out to achieve the utility and
di~it y of the profession of law on an All-India basis. The pream
ble of the act says that the act_amends as
we ll as consolidates the law relating to legal practitioners. This
legislation aimed to amend and consolidate
laws relating to legal practitioners, brin in revolutiona chan
es to the le al rofession in India. An All-
In 1a Bar Council performs the following functions:
J.l.}::To lay down standards of professional conduct and etiquette
for advocates.
¼ To safeguard the rights , privileges and interest of advocates.
~ o promote l~a\ education.
v(4J To~lay down standards in legal education in consultation wjth unive
rsities.
j.5Y fo recognize universities with degrees in law shall qualify for enrolm
ent as an.. advocate and
conduct inspection of universities.
~T o exercise general supervision and control over State Bar
Councils.
~ o promote and support law reform.
JSrl o provide Legal aid. Further, the Act provides for discip
linary committees at a State level which
decide upon the cases of professional misconduct.

Changing Ethics and Nature of Legal Professiort

The article "Tire Law: A .Business or a Profession?" by Cham
p S. Andrews, published in The Yale Law
Jour~al in 1908, c~itically examines the [%al profession's identit
y c:isis. The author explores whether the
practice oflaw should be regarded as a noble profession or merely
a busmess. Andrews challenges the common
assumption oflawyers' moral and intellectual superiority over other
professions and raises concerns about the
commercialization of law. It examines the ethical shift in the
legal profession, questioning whether law
remains a noble profession or has increasingly become a busine
ss. Key argum ~nts are presented through a
SI Pa g e
 conversation between a law student. his father, and a distinguished judge, exploring the law's philosophical
~erpinnings versus its modem-day practices.
The Professional Superiority Complex: Andrews begins by addressing the inflated self-image of lawyers
and the societal acceptance of their superiority. He argues that lawyers have long been taken at their own
valuation without much cnt1cal exammat1on. Society tends to hold legal professionals in higher esteem than
1!!,eir counterparts in non-professional pursui!s, often without questioning the basis of this judgment. This
uncritical acceptance oflawyers' superiority is contrasted with the reality that many enter the field for reasons
that are n'ot always noble or aligned with high moral standards.
Erosion of the Professional Ideal: Andrew emphasizes that earlier generations viewed law as a calling,
governed by high ideals of justice, public service, and ethical behavior. Lawyers were seen as moral agents,
bound by a duty to society. However, by the early 20th century, this view had started to erode,. The g~owing
trend of treating law as a business, where monetary gains often outweigh ethical considerations, is presented
as a critic;i" issue. The judge laments that young lawyers now enter the field for fame, wealth, or prestige rather
. than any deep commitment to justice.

The Illusion of the.Noble Lawyer: The article discusses how young men are often drawn to the legal
profession by a romanticized image of what it means to be a la er. Many are inspired by the public's
a mirat1on for successful lawyers, the fame associated with courtroom victories , and the potential for
significant financial rewards. However, this image is often at odds with the reality of legal practice, which Ts
more commercial and less idealistic than it appears from the outside.

. Competition and Economic Pressures: The incJ"easing influx of law graduates contributes to ~
competition. This competitive environment exacerbates unethical behavior, as la~ers feel compelled to cut
c"orners, ~islead, or compromise their professional values to secure clients and achieve success. The notion of
-law as a business promotes behaviors that prioritize winning and making money over truth and justice. The
. article laments the decline of dignity and courtesy within the legal profession. Andrews observes that legal
practice has become more adversanal and less gentlemanly: with lawyers often resorting to aggressive tactics
to win cases: This shift in behavior reflects the increasing pressure on lawyers to succeed financially, leading
to a loss of the noble ideals that once characterized the profession. - •
- Tlie Impact of Economic Competition: Andrews also discusses how economic competition has affected the
. le_gal professiQP. The influx of young lawyers into the field has intensified competition, making it more
challenging for them to maintain the high standards of professionalism. The author argues that the legal
profession is no longer inde endent, as la ers increasin l function as "hired men" for business interests,
rat er than as independent protectors of justice.
The Commercialization. Qf Law: Andrews argues that the legal profession has increasingly becom.e a
business rather than a profession. He highlights the fact that many young lawyers are more focused on maki~
money than on upholding professional staadarcls. The pursuit of wealth often leads to a degradation of the
profession's moral and ethical standards. The author criticizes the trend oflawyers being more concerned with
.securing lucrative retainers than with serving justice, especially when dealing with clients who lack financial
resources. A critical concern raised is the encroaching "commercial instinct" in law. Lawyers increasingly
e_rioritize clients based on their ability to pay, leading to a growing number of cases where those without means
are denied justice. The narrative highlights how fees and financial gains often dictate whether a lawyer will
take a case, and how young lawyers, driven by economic pressures, are more focused on earning than
upholding professional standards. The judge outlines various ways in which the practice has become
comniercial ized:
• · foliimgent Fees-=alients expect lawyers to charge less when they lose cases and reward them more if
they win, distorting the lawyer's motivations.

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• ,1e ourt ro om's Deteriorat101 Once c harac enze . Iy ignity
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an professionalism th
, e cou ~ 6h ~ r:; ,
b ecome a alt egroun w ere lawyers fig t aggressive y, usmg all means-personal att ac k s, ttr1:11.) ...f2 o'2 Jr . .~ .;s
a, "' /?- 1J' -=' ~"I ~
q uestioning an strategic manipu at10n-to wm cases. 11,11,r~- /lj ~ ~ ~ £1
, \\ ,Q,. ~ v., f ,

O ne of the significant issues Andrews raises is the difficult .lawyers

h
face in determining appropri .,.
a,e fees
-...- (
their services. He notes that clients often d o not a reciate t e value o a awyer s work leact· f1:1r
·dissatisfaction when fees are charged. This situation is exacerbated by the contingent fee system, whic~~- t1:1
.lawyer's compensation to the success of a case, further incentivizing a business-like approach to law. ~
Challenges for Young Lawyers: The judge also discusses the difficult journey of young lawyers who enter
. the field with high hopes, only to be disillusioned by its commercial aspects. Many struggle financially in thejr
early years, caught between the des.ire to uphold professional ideals and the need to survive in a busines"s:
driven envir<;mment. The social pressure to appear successful, combined with the intense competition, leads
some young lawyers to abandon their ethical commitments.
The Reality of the Bench: Turning to the judiciary, Andrews acknowledges that not all judges are exemplary
figures of moral and intellectual integrity. He points out that political considerations often play a role in judicial
1
appointments, which can result in less qualified individuals occupying the bench. This reality further
undermines the notion of law as a noble profession, as even those who reach the highest echelons of the field
are not immune to the influences of business and politics.
The Call for Honesty in Legal Education: Despite the commercialization of·the profession, the document
argues that reputation remains critical. A lawyer's reputation for honesty a~d integrity is still seen as the best
"advertisement" and source of success in the long term:iYet, many lawyers prioritize immediate financial gains
over maintaining an ethical reputation. Andrews concludes with a call for honesty in how the legal profession
•isl)resented to aspiring lawyers. He advocates for a clear distinction between law as a business and law as a
profession, urging legal educators to be transparent about the challenges and sacrifices involved in pursuing a
legal career. The author suggests that if young lawyers were better informed about the realities of the
profession, many might choose other career paths where their talents could he better utilized.
'. 'The La\\'.: A Busines~ or a Profession:?" presents a critical examination of the legal profession's identity.
Champ S. Andrews challenges the traditional view of law as a noble calling and highlights the growing
commercialization of the field. The article calls for a 'reassessment of the legal profession's values and for
· greater honesty in legal education, urging the profession to confront the uncomfortable realities of its current

- state. ·

.The article Teaching Ethics Seriously: Legal Ethics as the Most Important Subject in Law School by Russell
G. Pearce published by Fordham Law School, 1998 delves into the teaching of legal ethics and argue£ that/
law schools must take the teaching aflega) ethics seriously if the profession is to regain the respect of society.
The author argues that legal ethics should be considered the most important subject in law school.
The reasons for this are multifaceted:
· The article emphasizes that many law schools give only ;'liel
• . f ublic Trust:) Society~s trust in lawyers and
·service" to ethics education, often relegating it to an ungraded, the justice system hinges on the perception
one-credit course in the upper years~ To address this inadequacy, oflawyers as ethical a ctors. Legal education
the author suggests · a radical shift: legal ethics should be must instill these values early in students to
introduced as a mandatory three-credit course in the first combat the increasing commercialization of
semester and woven into every aspect of legal education the ~rofession. -
·thereafter. • . LPro essional Obligati;;):fL awyers have a
unique role as officers of the court, bound
to serve not only their clients but also the
Critique of Traditional Legal Pedagogy: The traditional case- justice system . This dual role requires a
method approach to teaching law is critiqued for being~ strong ethical foundation that must be
focused on doctrinal analysis, leaving little room for the nurtured through<:> ~t legal educat~n.

10 IP age
 rea~oning, the current
issu es. By red uci ng law to a tech nical science and ignoring m?ral
exploration of ethical ctance
ent s for the ethi cal cha llen ges the y will face m practice. The relu
stud
pedagogical model fails to prepare
is grounded in three outdated beliefs:
of law schools to prioritize ethics Ens ure Ethics: Many believe that law
yers inherentl)J act
Ped ago gic al Pra ctic es
1. Professional and . This faith in
cati on alre ady teac hes eth ics implicitly through other courses
ethically, and that legal edu us ethical scandals tha t
how eve r, has pro ven insu ffic ient, as evidenced by the numero
professionalism, . .
. . . . . . Thi s
pl'!?:ue the legal profession . moral val ues
sch ool 's ofte n vie w law as a sc1ennfic d1sc1plme, separate from
2. Law as Science: Law and unworthy of academic
e dism isse s the imp orta nce of ethics, which is seen as subjective
perspectiv
ter is largely formed by the
rigor.1
elo pm ent : The re is a mis tak en bel ief that adult moral charac
3. tta tic Moral Dev this claim by
, ren der ing eth ics inst ruc tion unnecessary. The aut hor refutes
time students enter law school can and should be
h on mo ral dev elo pm ent , wh ich shows that ethical reasoning
pomtmg to researc
developed in law schQol. Proposals for Reform
Ser iou sly: Leg al Eth ics as the Most Ethics should
In "Teaching Eth ics
tha t • '{'ervasive Ethics Educationl
Russell G. Pearce arg ues Instead,
Important Subject in Law School," not be confined to a single course.
e ethics, contributing to the integrated
ethical considerations should be
legal education has failed to prioritiz t law to
trus t in law yer s. Des pite the profession's into every course. from contrac
declining pub lic de nts ~
most law schools treat legal criminal procedure, allowing stu
rhetoric about ethical respons1bility, the moral dimensi ons of le al ract ice.
gin al sub ject , offe ring it in min imal, low-status
ethics as a mar
a transformative approach, • provide more opportunities for students to
courses. Pearce advocates for
throughout the law school engage in clinical work, where
they can
proposing that ethics be integrated e-c red it cal dile mmas.
ndatory first-year, thre grapple with real-world ethi
cumculum, begmnmg with a ma esse ntial for
ethics should permeate every sub
ject, This hands-on experience is
~ He believes legal develo in ractical moral ·ud me t.
ral dimensions in all areas of
helping students recognize the mo eth ical • First-Year Et · s Course: A man
datory,
futu re law yer s to han dle
law. This would prepare three-credit course on ethics in
the first
inte grit y. The arti cle und ersc ores that legal st on for
chailenges wit h semeSt er would lay a rong foun dati
cor ner ston e of lega l edu cati on, nqt g the imp orta nce of ethi cal
ethics should be the students, inst
·
illin
- - r legal
ond ary to doc trin al lear nin g, as lawyers serve not only clients behavior from the outset of thei
sec
tem. Pearce concludes that education.
but also the broader jus tice sys pub lic
essential to restoring
reforming ethics education is with both competence and integrit
y. Without this
n, ens urin g tha t law yer s act
confidence in the rofessio atJon.
further erosion of its ethical foun
change, the ~a l profession risks
of the Legal Profession
Conclusion: Ethics and the Future rcialization of the legal professio
n is und erm inin g its
mon theme: the comme
Bo th documents highlight a com versation reflects a growing
In "Th e Law : A Bus ine ss or a Profession?" the jud ge' s con
·ethical foundation s. Similarly,
's inc rea sing foc us on fina nci al success rather than justice.
ion
disillusionment with the profess ink ing of how law schools teach eth
ics, arguing tha t
call s for a fun dam ent al reth
"Teaching Ethics Seriously" ssion's declinin ublic
tely trai n law yer s in eth ical rea soning is contributin to the rofe
the failure to adequa insufficient ethical training, is
law as a pro ess1 on to aw as a business, coupled with
~ - ] be shif t from place greater
lega l pro fess ion . To cou nte r this trend, legal edu cat ion mu st
. eroding the moral fabric of the of the curriculum and ens urin g
tha t future 11;\wyers
kin g it a cen tral co~ pon ent
emphasis on ethics, ma of jus tice and public trus t.
as not onl y adv oca tes for their clients but also as guardians
understand the ir role a crisis of ethics
t sign ific ant refo rm, the lega l profession will continue to face
Both texts suggest that withou
role in society.
that could ultimately threaten its

The Advocates Act, 1961 guidelines for the

out the legal fram ewo rk for legal practitioners, as well as
The ~dv oca te Acts lay cess for registering with
Cou nc jIs and ao A 11-Iodia Rar Basically, the Ac t lays out the pro
establishment of Bar

llj Pa ge
 . .

state-level bar councils as well as the credentials that an i.ndividual must have in order to "'--l
~
~
'

what kind of quality a legal institution can uphold. -

Pract·
Bar Council of India is the supreme body that sets the rules and regu at1ons or registration. lt 1cc \ •
also st)~~\\ •
.[.!
~
l
,;:;~ .
.3
~
The Advocates Act, J 961 is a revised-version of the Indian Bar Council Act, 1926, or we can assu ,
has replaced the Indian Bar Councils Act. The Indian parliament passes an act with the p ~\
establishing laws governing legal practitioners. Under the authority granted -by the act, the Bar Council f
India enacted such rules known as Bar Council of India Rules, which outline the types of rules that ap{)iy ~f
0
. practice or necessary requirements for legal education, with a focus on professional misconduct. -
History ofthe Enactment
• SR Das Committee Report (1951): It was constituted to:
o Examine the desirability and feasibility of a unified bar for the entire country.
o Prepare a report on whether to continue or abolish the dual system of cou!lsel and solicitor.
o Prepare reports on different classes of legal practitioners, like Supreme Court advocates, high court
advocates, mukhtars (who practice in criminal courts), revenue agents and income tax practitioners.
o Examine the consequences ~f establishing a separate bar council for the Supreme Court.
o Report on revision of central and state enactments.
o To make suggestions regarding the establishment of a bar council for the entire nation and State Bar
Councils in every state.
The· committee, consisting of the Attorney General of India, retired high court judges, the Advocate General
of Madras, etc., submitted its detailed report in March 1953 . The report proposed the constitution of bar
.c ouncils in each state and an All-India Bai Council at the national level to regulate the profession and set
standards for it. ·
th
• 14 Report of First Law Commission {1958): After independence, the Law Commission oflndia has a
long record of'successful law ·reforms since its establishment in 1955. Ofthe 277 reports, 92 reports stand
implemented by the Government. The ·first Law Commission of India submitted its 14th reporf titled
'Reforms of Judicial Administration' in 1958 both civil and criminal. A comprehensive report for the
revision Code of Criminal Procedure, namely the 41 st report titled 'The Code of Criminal Procedure,
1898' was submitted in 1969. This report took into consideration the recommendations made in the earlier
reports of the Commission dealing with specific matters, namely; the 14th, 25th, 32nd, 33rd 36th, 37th,
and 40th reports. Accordingly, all the reports resulted in the enactment of the new Code of Criminal
Procedure 1973.
• Entry 77178 of List I Schedule 7 ·or Constitution of India: The Advocates Act, 1961 , which provides for
the regulation of the legal profession in India, derives its constitutional validity from these entries. En!!°)'
77 relates to the regulation of advocates practicing before the Supreme Court, while Entry 78 relates to
tho~e practicing before the High Courts. Together, they enable the central government to enact legislation
governing the legal profession uniformly across India, ensuring standardized qualifications, ethics, and
conduct for advocates throughout the country.
Finally, in 1961, the Advocates Bill was introduced in Parliament to implement the recommendations of the
committee. The Bill was further enacted as the Advocates Act, 1961, which regulates the legal profession till
· ~ - Earlier the Bill was named as Legal Practitioner's Biil. ·
<Jifiects of th~
_The Advocates Act, 1961, received the assent of the President on May 19, 1961 and is applicable to the whole
country. It has been enacted with the objective to:
~ Con st itute the Bar council and State Bar Council in each state. It also provides powers to the Bar
Council oflndia to make rules and guidelines in order to regulate the universities involved in teaching
law.

121 Pa ge
- -- - - - - - - -- - · - - - - - - -- -- -- --

l
 • Lay ~own the rules of professional conducts and etiquettes.
to regulate the
• Pr~vtd~ ~o~ ers to the B~r Council of India to make rules and guidelines in order
univers1t1es involv_e,dJnJ~Jling law.
Features of this Act: .
n roll of
~ t sets the procedure for the registration of advocates and their enrolment at the bar. A Commo
advocates
ed by every State
~ A record containing names of senior advocates and other advocates has to be maintain
Bar Council.
~ cit also regulates the conduct of universities offering courses related to law necessary
f?r the registration of advocates. Eligibility to practise.
Division of the Act
following:.
The Act is divided into 7 chapters, 60 sections and 1 schedule. The chapters provide for the
• Chapter I deals with definitions and applicability of the Act.
their functions,
• Chapter II provides the composition of State Bar Councils and Bar Council of India,
tenure, qualifications and disqualifications of members etc.
• Chapter III provides provisions regarding the admission and enrollment of advocates.
• Chapter IV deals with the right of advocates to practise.
for misconduct,
• Chapter V provides provisions regarding the conduct of advocates and punishment
-
along with remedies.
ce to bar
• Chapter VI provides provisions related to penalties for illegal practices, financial assistan
council_§, etc. ·
for members
• Chapter VII deals with temporary and transitional provisions for example, tenn of office
governm ent, special
of the first State Bar Council. dissolution of the bar council, power of central
-
provisions during the transitional period, etc.
Admission and Enroll~ent of Advocates - -
provides
Chapter III of the Act provides provisions for the registration and enrolment of advocates. ~
, under whose
that an application for the admission of adyocates must be made to the State Bar Council
jurisdiction the applica anttfesires to practise.

Section 16: Senior and oti,er advocates.

advocates)
• Classes ofAdvocates: There are.two categories of advqcat~s - \senior advocates and other
with their consent .
• · Designation as Senior Advocate: An advocate may be designated as a senior advocate
the Bar, or special
· if the Supreme Court or a High Court b~lieves that, due to their ability, standing at
knowledge/experience in law, they deserve this distinction.
in their practice as
• Restric;tions on Senior Advocates: Senior advocates ~re subject to specific restrictions
pr~scribed by the Bar Council of India for the benefit of the legal profession.
who was a senior
• Status of Pre-Appointed Day Senior ,4dyocates: An advocate of the Supreme Court
apply to the
advocate before the appointed day will qontinue to be deemed a senior advocate, unless they
. If the
Bar Counci I by 31st Decein ber 1965, expressing their wish not to remain a senior advocate
application is granted, the roll ·will be updated accordingly.
.
Designation of Senior Advocates]
reme Court t desi nate
Section 16 of the Advocates Act, 196/ provides the JJOWer to the Hi h Courts d u
an advocate as senior advocate with his consent. With the Advocates (Amendment) Act 197
ge or experience
d~signation as sen ior advocat ~were modified to ability, standing at the Bar or spec1a owe

-
in law.

13IPa g r.:
 ~ ~ -
-~
-~
Ii
:§
Earlier, the designation of senior advocate ~
s was subject to the deliberations of Full '17
decision was arrived
lots. In 201 7 a wr filed
.J
Senio r Advocate sou ectiv it in the desi
.t:i E: '
permanent Selection ' Committee for sue purpose. The Sup rem C roce ss /;
e ourt_ cons1'denn · g the disc
r • l2
Process' passed a judg men t in J11dira Jaisi11g vs. Sup rem e Cou rt of ~
'17

. laid down guidelines for consistency m · 9 SCC 766 The . ,~

the des1.gnat1on process an d d fi
Permanent Committee. e or cons. titutio ·Jud& tn "
~"'
n of th
The Perm anen t Committee, vide the said --:----..:: '.~
judg men t, was to exam ine each case of pote
basis of the data provided by the Secretar ntial designation on th
iat and the data was to be divi ded on a
Perm anen t Committee was to allocate poin poin t-ba sed format. Th:
ts to each individual cand idat e und er the
~ Num ber of years of practise/experience following heads:
/ Judgments, legal formulations adva nces,
pro- bon o work, dom ain expe rtise, etc.
__,.,.---personality displayed in the intervie
w/interaction
~ Pub licat ions

The judg men t also clarified that such crite

rion may not be exha usti ve and may requ
later judg men t on the sam e issue, the Sup ire reco nsid erat ion. In the
rem e Cou rt reco nsid ered the viab ility and
and poin ts laid dow n in the prev ious deci prac tical ity of the crite ria
sion . The basi s and reas ons for laying dow
to ~e esta blis hed and just ified . Thu s, in n the crite rion wer e foun d
this clecision, in Indi ra Jais ing vs~ Sup rem
SCC 1, the Sup rem e Cou rt mer ely mod ified e Cou rt of Indi a, (2023) 8
cert ain mat ters to fill in the gaps and addr
advo cate s wer e faci ng in the designation ess the con cern s that
proc ess. The prev ious deci sion was fine
· und er the follo win g head s: -tun ed to a limi ted exte nt
• (!firs of e.xperienc?}) In Am ar Vive
k Agg arw al vs. Hig h The Court in the recent decision in Indir a
Cou rt of P&H , (2022) 7 SCC 439, the Jaising
Sup rem e Cou rt has clarified, relying on the 2017 judg men t in
obse rved that 1 poin t was to be allo cate the same case, that the powe r of Suo
d to advo cate s for motu
each yea r of ex erie nce betw een 10-2 0 designation by the Full Cour t has not been
year s. taken
• otin g by secr et ballot: It was cont ende d that the categ awax. The Court has only fine-tune d
certa m
ories to iron out some creases that were
desi gna tion proc ess is a man ner of sele ctio
n and not election bein g faced in the designation process.
and hen ce the voti ng mus t not be don e
by a secr et ballot b:vt The
open ly. The Cou rt held that it is natu ral judgments in Indira Jaising read together,
for a judg e to refrai':1 provide clari ty·qn _the process of designatio
from putt ing fort h thei r view ope nly as n of
it can hav e further advocates as Senjor Advocate and also
a way
con sequ ence s. How eve r, it was foun d
that voti ng by secr et forward for gene ral_ public to understan d ihe
ball ot shou ld not be the rule but an exce pr~edure for the same. The judg ment
tion. s also
• ubli cati ons The Cou rt foun d that pub lica tion provide clarity on justification of the categ
s cann ot be on whic h selection is mad ories
a 1rec refle ctio n of adv ocacy skil ls but e the criterions on
it also cann ot be whic h the assessmen t is based .
igno red sinc e the acad emi c kno wle dge
of the law is an
imp orta nt pre- requ isite for an adv This primarily help s in instilling faith
ocat e. How ever , of the
publ ic in the transparency, fairn ess
cons ider ing mos t prac ticin g adv ocates and
find very little time cons istency in the process of designatio
to writ e acad emi c arti~les, the 20 poin n, tlius
ts allo cate d to this upholding the dignity of the Senior Advo cates
in
cate gory was redu ced to 5 poin ts and
the cate gory w as attaining such title and also the legal profession
exp ande d to include teac hing assi gnm as a whol~.
ents and gue st
lectures. The Perm anen t Com mitt ee was
give n the disc retio n to deci de on the man
or taki n external assistance for the sam ner of assi gning poin ts
e ·inc ludin ivin due wei hta e to the
• udg men ts and Legal formulations The '
poin ts und er this cate gory w ere held.
uali of writ in •
ju ea wit significant legal issues. How ever to be rele vant sinc e
, the Cou rt foun d that mer e appe aran ces
be counted for asse ssing a cand idate, rath coul d not
er the role play ed by the adv ocat e in
specified . In fact , quality of the synopses such mat ter mus t be
filed in the cou rt mus t also be cons idered.
~ateg_ory wer e also enhanced from 40 to The poin ts under this
50 poin ts thus jncreasing the scop e of this
m this context mad e observat ions on dom cate gory. The Cou rt
ain exp erts (adv ocat es appe arin g maj orly
14 \P ag e befo re specialis ed
 ession
rsity in gend er and due cons ider atio n to first generation lawyers and held that a conc
tribunals), dive
must be given in such cases.
of interview would provide a mode for
erso nal inte rvie w. e ourt found that assessment on the basis uding,
•
and in-d epth exam inat ion of cert ain values that cannot be compromised, incl
more persona ld delay the
ion and prec ision with in ,i" give n time frame. It was contended that interview wou
artic ulat be -restricted in
rt held that the .number of interviewees may
process of designation on which the Cou
proportion to the number of senior advo cates to be designated at a given time .
..
gnation should be carried
The Court also made cert ain gene ral obse rvations. It was held that the process of desi
or advocateship
t once a year . Furt her, you nger advo cate s may also be given a chance or shot at seni
out at leas
within the scope of Flaws with the current designation proc
ess
out only in exceptional circumstances and
. The Court did not -• Too much discretionary Power - -No strict
"the law in force at the relevant point in time n,
on rele asin g of cut- off points fo.r age bar of 45 years tor semor designatio
support the cont enti on he
the procedure for but only exce ption al advocates
designation on a prior basis, i.e., before designated below this age - a secre t ballo t
g that only a limi ted
designation is undertaken. The reason bein _was supposed to be a rarity rather than
the
ed seni or advo cate s at a time and used only unde r certa in
number of people are designat nonn and may be
to man y grievances unavoidabl e circurostaoces.
.nence releasmg cut-off marks would lead niittee-
re of pendency · of • Members of the appointing com
being raised. Observations in the natu nepo tism and favouritis m-
ts was also made. chances of the
applications for designation before the cour if executive is invo lved indep ende nce of
rt how ever held that the aid appl icati ons are also to be tion .
The Cou judiciary will be in gues
-considered under the new norms.
roll of advocates.
Section 17: State Bar Councils to maintain Council must maintain a roll of advocates,
listing
ncil 's Rol l of Adv ocat es: Eac h Stat e Bar
-• State Bar Cou
their names and addresse $.
. • Inclusion Criteria: The roll includes: the roll of any
se who wer e enro lled as advo cate s und er the Indian Bar Councils Act, 1926, on
a. Tho ocates before
g Indian citizens who were enrolled as adv
High Court before the appointed day, includin India Act, 1935,
ust 15, 1947 , in area s prev ious ly part of India as defined by the Government of
Aug
jurisdiction of the Bar Council.
and who later intend to practice within the appointed
adm itted as advo cate s on the roll of the State Bar Council under this Act after the
b. Persons
da_y. 2:
Roll : The roll is divi ded into two part s: a. Part 1: Names of senior advocates. b. Part
• Structure of the
Names of other advocates.
part are ordered by seniority: - - ·.
• Seniority Determination: Entries in each nt date under the
For advo cate s und er clau se (a) of sub; ecti on (1), seniority is based on their enrolme
a) ·
-Indian Bar Councils Act, 1926. seniority in
ons who wer e seni or advo cate s of the Sup reme Court before the appointed day,
b) For pers
ciples set by the Bar Council oflndia.
the State roll is determined according io prin of
lled or adm itted as advo cate s afte r the appointed day, seniority is based on the date
c) For others enro
such enrolment or admission. mencement of the
advocates, whether before or after the com
- d) The seniority of attorneys enrolled as s.
d on the date of their enrolment as attorney
Advocates (Amendment) Act, 1980, is base the roll of more than one
person can be enrolled as an advocate on
• Restriction on Multiple Enrolments .~No
State Bar Council.
State roll to another.
Section 18: Transfer of name fro_m one apply to
for Tran sfer of Nam e: An advo cate liste d on the roll of any State Bar Council can
• Application Upon receiving
e to the roll of another State Bar Council.
the Bar Council of India to transfer their nam sferred to the
icati on, the Rat Cou ncil of lndt a wi ll mstruct that the advocate's name be tran
such an appl

15 I r ag l'
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~$
f-,,g '
§ r:!, ~
~~ 8 §,
~
f
' (:) ,(
~ &,
new State Bar Council's roll without requiring any fee, and the concerned State B
~ ~ cl- ~
comply. ar C;\)ll 'f } ~ cJ
• Provisions and Exceptions: If the advocate has a endin disci linar · roceedin or ·r
l\~i\~ . § Q::J~ { i
of ln~ia suspects the application is not made in good faith, the transfer re uest cant bthe ~art
-,,--=,:----:.-.!-----.,- ~~--;- -- - --,-;:-- --- - _ _ : - - - -:.:..:.::-=-::~ ~~J_ )e r · l'l11,.,, /]
allowing the applicant to make a- representation. e ecte<I •
'1:

• Retention of Seniority: An advocate who transfers from one State Bar Council to anothe ~~
. . . h .
II h h d . h ·
th;. same semonty m t e new ro as t ey a m t e previous one. r Will ina·
~

Section 19: State Bar Councils to send copies of rolls of advocates to the Bar Council of
India .
. Every State Bar Council shall send to the Bar Council of India an authenticated copy of the
roll of advo
prepared by it for the first time under this Act.and shall thereafter communicate to the Bar Council
of In~~
alterations in and additions to any such roll, as soon as the same have been made.
a
Section 22: Certificate of enrolment.
There shall be ~ssued a certificate of enrolment in the prescribed form by the State Bar Council
to every person
whose name is entered in the roll of advocates maintained by it under this Act. Every person
whose na;; is
~o_entered in the State roll shall notify any change in the place of his permanent residence
to the Stat~ ar
Council concerned within ninety _days of such change.
-
In.Dr. Haniraj L. Chulani v State Bar Council ofMaharashtra and Goa (1996) the interestin
g-question that
arose before the SC was whether the respondent-State Bar Council of Maharashtra & Goa
was justified in
refusing enrolment of the appellant as an advocate under the Advocates Act, 1961 as he
is a medical.
practitioner who does not want to give up bis medical practice but wants simultaneously to practice
law. The
rules_clearly bar an otherwise qualified person from being enrolled as an advocate ifhe is engaged
in any other
profession. It ls based·on the premise that an advocate must devote his full time and attention
to the legal
profession. Judge S~B. Mazumdar uQ_held the restrictions that were contained in the rules and
said that under
no circumstances those rules be regarded as arbitrary or unreasonable. This was the conclusio
n that he got to.
Members of the well-defined class of professionals who are also engaged in other professions
are not allowed
-to enter the legal profession if those members insist on engaging in any other profession simultan
eously with
· the legal profession. The rule specifies a class of professionals who are also eng~g~d in other
pro:essions an~
denies entry to the legal profession to members of this well-defined class. In_ add1t1?n,_ t~e regulatio
n makes 1t
·· impossible for those who belong to this specific category to pursue a career m the 1ud1c1al system.

Section 1,3: Right to pre-audience

Advocates have the right not to be interrupted before their statement ~s completed. This. provtston .. .
1s employed
· ·1 as well as a ri ht to re-a dience r . The nght to be heard comes first and foremost.
as an advocate,s pnvt ee . . .
_The person in the top position in the hierarchy 1s given the nt ht
In accordance with this rule, an advocate is also
to advocate by the law. According_to Section@ oftheAct, the permitted to speak in front of the · courtroom
following a~vocates will have pre-audience over the others: - audience and to represent his client in front of a
~must be noted that the right of pre-
. / . Attorney General
audience among advocate-g enerals o~ differe~t
. -:/ Solicitor General states will be determin .
/ Additional Solicitor General senioritv s·,m· ·,tarly the right of pre-audience
~ - ' ..
/ The Second Additional Solicitor General ~ all senior ad: ocat~s ~ II be determined m
accordance with their semonty.
V Advocate General of the State
y Senior advocates
Section 24: Persons who may be admitted as advocates on a 8tate rol_t. t II under the Advocate
. . .. . d ., s Act.
The quabfica ttons require 1or a person to be admt.tted as an advocate
.
on a 5ta e ro
f th ountries .
may be admitted
1. @tizens@w The person must be an Indian citizen, though nat10na1s O O er c
if Indian citizens are allowed to practice law in that country.
2. ~ The person must be at least 21 years old.· __ _ ____ _
16 IP age
 -.
-
-::,
.

'
-- U'!

\ 1
::; 0 3. <1[Jiicational Qualificatiom :'Jhe person must have obtained a law degree
from a recognized Indian
a barrister called to the
~ ~ university or certam toreum universities. or have qualifications such as being
and location of the degree .
Bar before December 31. 1976. Spedfic conditions apply based on the date
ed by the State Bar Council
4. (!5ikr Conditions) The person must meet any additional conditions specifi
and must have paid the required enrolment fees. ·
previously
S('Special Ca.ii).· Provisions are included for vakils, pleaders, mukhtars, and others who were ons and
meet certain conditi
entitled to practice law under different leeal frame~ orks. provided they
@Ivment P~
within soecified timeframes.
nrol
6. The enrolment process involves making an application in accordance with
the Act

and fulfilling the specified criteria.

_Secfioa 24 (1) (f) says for a person to be admitted as advocate on a State
roll, he must have paid, in respect of
the enrolment, stamp duty. if anY, chargeable under the Indian Stamp
Act, 1899 and an enrolment fee payab.le
-to the State Bar Council of [six hundred ru and to the Bar Council of India, one hundred and fi ru ees
such person is a member of the
by way o a bank draft drawn in favor of that Council. Provided that where
effect-from such authority as may
.5cheduled Castes or the Scheduled Tnl>es and produces a certificate to that
be [one hundred rupees and to
be_prescribed, the enrolment fee payable by him to the State Bar Council shall
the Bar Council of India, twenty-five rupees, which was basis of recent
judgement.
Bar Councils cannot demand
In Gaurav Kll11IIIT v. Union ofIndia (2024), the Supreme Court ruled that State
Act, 1961. The Court noted that
_~llm ent fees beyond what is prescribed under Section 24 of the Advocates
higher than the statutory limit.
these councils act as delegates of Parliament and have no authority to levy fees
advocates, making access to the
It also emphasized that excessive fees can create barriers for aspirin g
would have a prospective effect,
· profession financially burdensome. The Court held that the judgment
This approach aimed to balance
meaning no refunds will be issued for past payments made at higher rates.
Iications for the Bar Councils.
legal principles with practical considerations, avoid. administrative com
Ultimately, the decision ensures stan hation in fees while protecting the rights of law graduates entering
the profession.
. Right to Practice
exclusive right given to advocates
The expression 'right to practice' in terms ofthe legal profession refers to an
to practice Jaw before courts and tribunals. The right to practice is
protected at two levels and they are as
.
~~~
right of individuals to the
• (!Ieneral Protectf§g: Article 19(i)(g) of the Indian Constitution protects the
practice of their choice.
. • ($j,edjic Protegion: ~ f the Advocates Act, 1961 states that a person enrolled with the State
which also includes the
.Bar Councils has the right to ractice before an court or tribunal in India
y through a notification.
Supreme Court. The Central Government made this section effective recent
e law. _
Section 29: Advocates to be the only recognised class ofpersons entitled to practis
as from the appointed day, be
Subject to the provisions of this Act and any rules made thereunder, there shall,
advocates.
only one class of persons entitled to practise·the profession of law, namely,
,
Section_30: Right of advocates to practise. .
Subject to the provisions of this Act, every advocate whose name is entered
in the State roll shall be entitled
as of right to practise through out the territories to which this Act extends, -
· i. in all courts including the Supreme Court;
ii. before any tribunal or person legaJly authorised to take evidence; and
by or under any law for the time
iii. before any other authority or person before whom such advocate is
being in force entitled to practise.

171 1' agc

 ·t:J"'"J .§
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~
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c:.
.:,
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~ ~ g -l
In Ex. Captai11 Harislt Uppal v. U11to11 · of l11d1a· (2002'/1 SC a dd resses the critical
·· .t, '1:r-S ~(i' 0J
issu -...Jfl; o-0
have the r..i,ge:l:.::1t:...t:::o:....g~o . b 1 . h' . t th fi d t I · h
.::.....::o:.:.n=-s;;.;t_n_k_e, a ancmg t ts agams e un amen a ng t to a s.nef",h, e•-=of . 1"-'h% ,;. ~-- ·$ -~ ·$ ·$c::,, oE ~1/j
out for its- thorough examination o f the ro "b·t·t· f 1 ~ · 1
st 1 1 tes o aw ers as officers of th e ca,~~ ~ §! '1~
h ' 1- .,., !:: f ~ •
:r 1/j ·i;; -~
impact of their actions on the admm1str · · atton
· o f 1ust1ce.
· · The Supreme Court ' s was ~ "ti
mu 1_ cetect• lltt a.\~~,1 '1l'b ~r:: ;;;
e co ·!:J ~/i;;
• Nu Right to Strike for Lawyers: The Court here categoric ally stated that lawyers do not ha · >\ ...._ f r:::~(~
- . was groun de d .m t he un d
strike or boycott courts. Thts erstan d.mg t hat 1a ers, as officers of the~
ve the· f 111.ht ~ O c.§
.
a pivotal role m t e a mm1strahon o JYS 1ce. h d . . . f. t· ourt, ha."~
• Role ofLawyers and_Impact on Justice S stem: The Ju~geme_n t emphasiz ed the ~nique role of laWyers
0 1cers o the court m the le al s ste . rt r o c e e d 1 ~
to a speedy trial, thus impacting the justice delivery system adversely. 1
ht
• Alternative Means of Protest: The Court suggested alternativ e means of protest for lawyers that do
not
disrupt court proceedin gs, such as press releases and peaceful demonstrations. --..::.:::
• Legal Principles and Constitutional Provisions: The decision was based on the interpretation of the
role
of lawyers as court officers the ri ht to a s eed ·trial under Article 21 and the reasonabl e restriction
of
nghts under Article 19. While the Constitut ion grants the freedom o association un er 1c e c , the
court noted that this right is not absolute and can be subject to reasonable restrictions. The court determine
d
that the restriction on lawyer strikes. was. reasonabl e, consideri ng the unique role of lawyers as officers
of
-
the court. ·
Para 34 ofthe Judgemen t- The right of the advocate to practice envelopes a lot of acts to be performed by
him
in discharge of his professio nal duties. A art from appearin in the courts he can be consulted b his
clie s,
he can give 1s ega opmion whenever sought for, he can draft instruments, pleadings, affidavits or
any other
_documen ts, he can participat e in any conferenc e involving legal discussions, he can work in any office
or firm
as a legal officer, he can appear for clients before an arbitrator or arbitrators etc. Such a rule would
have
nothing to do with all the acts di:me by an advocate during his practice. He may even file vakalat on
behalf of
a client even though his appearan ce inside the court is not permitted. .
Conduct in court is a matter concernin g the court and hence the Bar Council cannot claim that what
should
happen inside the court could also be regulated by them in exercise of their disciplinary poweri . The
right to
practice, no doubt, is the genus of which the right to appear and conduct cases in the court may be
a specie.
But the right to appear and conduct cases in the court is a matter on which the court must and does have
major
·superviso ry and controllin g power. Hence, courts cannot be and are not divested of control or supervisio
n of
conduct in court merely because it may involve the right of an advocate.

'Bar against legal advertising and solicitation!

Advocacy is a noble and honourab le profession . It is expected that an advocate sliould not indulge-in such
acts
-or conduct which mi ht lessen the faith of the e e i the le al rofession or mali n its integrity.
It is for
t 1s reason that advertisin g of legal services and soliciting pf
work by advocates is prohibited by the Bar Council oflndia and Reasons behind prohibition of legal
advertising and solicitation of work
State Bar Councils.
► To avoid commercialization of the legal
Meaning: Legal advertising means advertising of legal services profession.
► To uphold the integrity of the legal
provided by a lawyer or a law firm in order to attract ote · I profession and maintain quality servic,es.
c tents. Such advertising may be done through various mediums ► The misleading nature of advertiseroeots
~ding print, television and online advertising, etc. To may shake the faith of people in the legal
'solicit' simply means to ask for jn a persuasive manner or profession.
approach. Solicitation refers to any communication initiated by ► Allowing advertising will lead to _!:!nhea~thy
competition between lawyers wh? might
or on behalf of a lawyer directed towards a specific person with resort to unfair practices to gain more
the knowledge that such persof1 is in need of legalservi ces in a clients thereby focussing less on the quality
particular matter offering to provide legal services for that of services provided.
matter.

18 \Page
 od that
Q_righ~:. Legal advertising is pr~hibited for the simple reason that law is not a trade. It is understo
the legal profession. The
advertts~ng by law_y~rs can m~t~ul~te or mislead people and lower the dignity of
st s The Solicitors Act of
~n ugam advertt mg and sohcitat1011 of work in India owes its origin to British Law.
, conduct
1933 ~m_po~ered th e ~aw Societ Council to promulgate rules regulating the professional practice
for a comprehensive ba~
nnd d .s~tplme O ~0 . tcitors. ~~l_e 1 of the Solicitor's Practice Rules 1936 provided
1
· ·
· • t t'm advert1sm , and unfa1rl-:-.-:--' ----- -
on sohc1tor adverttsm roh1 ou attract business.
. . ,
Sohc1tor s Rule of 1990.

follows similar
·Th~ United Kingdom: The U~ited Kingdom under' its Solicitors' Publicity Code 1990,
advertising, and fees
notions. But_th_~Y have addressed general worries over the issue of misleading or false
are generally free to
fixe~ ~nreahsttcally low. R~le 7 of the Solicitors' Publicity Code 1990 states: "You
advertising by lawyers
pubh~1ze your firm or p~actice: subject to the requirements of this rule.I' In the UK,
with the coming
,~as viewed as u~profess1onal till 1970. The bar on advertising oflegal services was removed
in 1986. Rule 2 of the
of the Monopolies and Mergers Commission in 1970 and the Office of Fair Trading
s. ·These -~l~s were
Solicitors Practice Rules 19_90 provided that the solicitors may publicize their practice
ty (SRA) Handbook
replaced by the Solicitors Code of Conduct 2007. Later, the Solicitors Regulation Authori
came into force in 2011 replacing the earlier Code of Conduct.
provide for th~ Code
Presently, the SRA Standards and Regulations which came into force in November 2019
and RFLs' provides
of Conduct for Solicitors. Rule 8.6-8.11 of the 'SRA Code of Conduct for Solicitors, RELs
s in relation to their
for 'Client Information and Publicit:(. It states that the publicity made by the solicitor
s of the public to
practice has to be accurate and not misleading. Making unsolicited approaches to member
solicitors have to
_advertise legal services is prohibited, with the exception of former or current clients. Also,
e11sure that clients understand the regulatory protections available to them.
to solicit one's
USA: In the U~A, Ordinance 27 clearly defines that it is construed to be unprofessional
in the landmark case
profession by Advertising. (Professional Ethics o American Bar Association . However,
be beneficial and
o Bates v. tate Bar ofArizona, it was realised that advertising for legal services will only
and expenditure of
especially for the consumers. Advertisements cover information about the accessibility
ons like theJegal
legal procedures. The Federal Trade Commission encourages competition in licensed professi
per Section 7 of ABA,
. profession, to the extent that they complement statutory and federal objectives. As
that you can't sh.ow wrong
advertisements must be accurate and not aim to mislead. Here misleading means
la ers. It is also
.facts or omit necessary information, write success rate in advertise or com arison with other
are trying to make a fortune
proh1 1te in person sq 1c1tation, to discourage opportunistic tendency that lawyers
or electronic. But
out of some's misfortune. A lawyer may choose any medium to advertise: spoken, written
phone or an e-contract)
no lawyer shall be allowed to p~blicise his professional em loyment, personally (via
w en e prime objective is to earn monetary gains.
were more or less
In the US, till 1977 the provisions relating to the bar on advertising and soliciting work
provided that the
similar.Jo that oflndia. Canon 27 of the American Bar Association: Canons of Ethics (1908)
position UJ].derwent
solicitation of business by way of advertisements etc., was unprofessional. However, this
US Suprerp.e Court
a huge change following the case of Bates v. State Bar ofArizona (1977). In this case, the
is commer cial speech
upheld the lawyer's right to advertiseh js services and held that the legal advertising
allows la'Y)'ers to
protected under the First Amendment right£ It was also he~~a t -~he First Amendment
. .
advertise in a manner that does not mislead the general public.
n Bar Associatton.
In 1969, the ABA Model Code of Professional Res onsibili was ado ted b the America
o e Rules of Professional Conduct were ado ted which re la el
Later in 1983 e
a lawyer's services ': It
code: Rule 7.1 of the aforesaid Model rules deal with 'Communications concerning
._Rule
~ bits a lawyer from making any false or misleading communication about his services 1s services tbrou h
:·2 contai~s
· to ·m1,r. I 1 · It II · 0
· ru les rel atmg
specific · out e a services. a ow
. . . 1· ·1c1'tati on °f clients' bars the
any media, such as prmt and electro111c media etc. Rule 7.3 dea m

19 IP age
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solicitation of professional employment by the lawyer by live person to person contact h

. h themotive
. o f mak"mg oecumary
. . w en sI.1th Aff "ti'":f .;· ~
~o;,
c ..
I: .~" .g -c;-~ ,'
made wit gam. t,./:i_ .§ ~
'l7 ~~ ~ ¼

!\ provides for_ the power of the Bar Council ofln . S's/ ~- ~~-!
\ ~ "' -:!!!
. b1dia:~ cti?~ 49(J)(c)
of the Advocates ~ct 196
0
rules prescnbmg the standards of profess10nal conduct and etiquette to be observed by advo dial()~ ;t .§
-$ ..'!::f:!.
Council of India, while exercising the rulemaking power conferred upon it by Section ~ s. 1 h~~ , "" ,f; RI
Advocates Act 1961, has framed several rules under Cha()ter II of Part VI of the ~Cl Rules layin)(c) of th~ '
'Standards of Professional Conduct and Eti uette'. Rute @ as provided in Section IV (Chapter Ilg ~ 0 wn th~
0
of BCI Rules) provides for the bar against advertising and soliciting work: Part V\
1. It provides that an advocate shall not solicit work or advertise by direct or indirect means. Such soli • .
· ·me lude c1rcu
· lars, ad vert1sements,
•
an d a d vert1sement touts, personal communications- or intervi·ecitation
warranted by personal relations .. , ' Ws not
2. Even furnishing newspaper comments or producing photographs to be published in connection with cases
in which t~e advocate was engaged or concerned is also prohibited.
3. The sign-board or name-plate of an advocate should be of a reasonable size.
4. The sign-board or name-plate of an advocate or his st~tionery should not indicate that:
....,v he is or has been a President/Member of a Bar Council or any Association;
~ e has been associated with any person or organization or any particular matter;
~ e specializes in any type of work;
~ he has been a judge or an Advocate General.

Rule 36 of Chapter II of Part VI of Bar Council Rules was amended by the Bar Council of India in 2008 to
~~vide for some relaxation. It allowed the fm:E,ishing of website information by the advocates under
mbmauon to and as approved by the Bar Council of India. However, only the particulars as approved by the
. BCI are to be provided. Any additional input would be deemed as a violation of Rule 36 and the advocate
would be liable to punishment for misconduct under Section 35 of the Acfvocates Act 1961.

This rule ~ll not stand in the way of advocates furnishing website information as prescribed in the Schedule
· under intimation to and as approved by the Bar Council oflndia. This proviso was introduced by the BCI only
in' 2008 by way of a resolution. The 2008 Amendment brought with it a pivotal change in tfie interpretation of
'Rule 36. Since the amendment, there has been a notable evolution in how advocates engage in professional
networking platforms and legal directories. The amendment introduced provisions allowing advocates to
aisclose their professional information on networking platforms and legal directories. With the amendment,
the previously clear distinction between what constituted advertisement and what did get blurred. While the
intention was to modernise the practice and allow advocates to present their credentials and areas of expertise
online, it also raised questions about the boundaries of permissible self-promotion.

·The Schedule attached to Rule 36 pro~ides_for furnishing of the following particulars:

~ Name, a~s, telephone numbers, e-mail id; -
~ Enrolment number, date of enrolment;
..;¥ Name of state bar co~ncil where originally enrolled;
Y ~ame of state bar council on whose roll name stands c_un-ently;
~ Name of the bar association of which the advocate is a member;
.J;::Professional and academic qualifications;
_;y' Ar°"eas of practice. • A
Hence, the Amendment allowed the furnishing of ce1tain information by advocates on ~~e 1?ternet. n
advocate who commits a breach of Rule 36 providing for the bar against advertising and sohcitatwn of work
is liable to be proceeded against for professional misconduct. Section 35(1) of the Advocates_Act, 196,1
provides for the power of the State Bar Council to punish an advocate for 'professional or other misc? nd u_st ·
It provides that, where on receipt of a complaint or othen¥ise, the State Bar Council has re eheve that
20 \Page
 ~y ~o~at~ on its roll ~as been guilty of professional or other misconduct, it shall refer the case for disposal
to its d1sc1plmary committee. -
- ------- --- --
In P.N. Vig~iesh v. BCI (2024), the High Court of Madras was faced with an important question pertaining to
the regulation of legal services in the digital age. The core contention of the petitioner -was" that certain
ente~rises whi~h fell under the category of "online service providers" were promoting/providing lawyer
services wherem advocates were openly soliciting legal work. The petitioner contended that this open
solicitation of work by advocates, promoted by online platforms, directly contravened the longstanding and
. well-established legal provisions regulating the legal profession and practice in India.

The High Court found that a simple search for an advocate or a field of law would show a list of advocates
marked with labels such as "top advocate", "top choice", and "premium", etc. One of the web platforms, which
was aErayed as a respondent, sought to defend its actions by arguing that it was a mere online directory of
·services. Thus, the web platform dM_ not indulge in either soliciting work for advocates or advertising their
~ -The High Court did not endorse this reasoning. Speaking of the legal profession, the High Court held
that it was rather agonizing that some of the legal professionals today were trying to adopt a business-like
model when practicing law. As such, the High Court remarked that legal service is neither a job nor a business.
It is a ~rvice to the society. When adopting technology, the High Court opined that the tools employed in the
profession could be upgraded or changed based on the chan in circumstances but the s irit and character,
t e asic structure" in the words of the High Court, could never be altered.

Speaking of the rationale behind such stringent restrictions on direct or indirect solicitation and advertising,
the High Court provided the following reasons: ,
___(iY The marketing of advocates could diminish the nobility of the profession and contradict the principle
that lawyers serve the cause of justice. It is contradictory to suggest that a lawyer fights for justice
'";_ith a profit motive. -
yY The Court expressed concerns about the susceptibility of gullible and illiterate individual to s
misleading _advertisements. It cautioned that such advertising could lead to misinformation and
misguided decisions among the public, particularly those Jess equipped to discern the accuracy or
reliability of claims made in advertisements.
y Lastly, the Court highlighted the importance of maintaining a level playing field in legal services. By
prohibiting solicitation and marketing, the Court argued that it helps to prevent a scenario where
wealthy or well-advertised lawyers gamer disproportionate attention and business opportunities,
potentially marginalizing smaller or less affluent practitioners.

The High Court of Madras, speaking of the ill-effects of advertising, observed that these advertisements not
only interfere with the ethics of the profession but also misguides the public. There is a high chance whereby
p'eople can get misguided through these advertisements and it will also serve as a platform for miscreants .
Lawyers with more money power can place advertisements across different websites and economically
dfsa'civantaged lawyers will be unable to approach these sites. Moreover, a lawyer profession is not a race to
the top, it is about service to the downtrodden. Today there are innumerable lawyers who are working pro
bono for different public causes. Excellence is not an accident. It is always the result of sincere effort and
· intellect execution. In no way can their services be measured monetarily or otherwise. They pragmatically
work towards progress of both the judiciary and the society. Therefore, the advertisements of lawyers in
-
~ebsites covertly and overtly stands against elements oUairness and justice.

Iri view of the above, the High Court passed the following directions, whereby the BCI was directed to:
....0J Issue circulars/instructions/guidelines to the State Bar Councils to initiate disciplinary proceedings for
misconduct against.the advocates advertising, soliciting works directly or indirectly. ..

21 IP a ge
 ~ ~ ·[;
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yr ~R~e~gi:is~te~r~c?-o!!m!Qll!!_al!!.n~ts~ ~~-~~~~~~ en tr authorities unde r the relev ant laws a
~~~~~~~~~~!~ffi~ I~d~~~~ainst
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Ci ~ ""'<:i. ·*~ - J
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advocates. T
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rm
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.,_ e-=-ct:..:l.,__f.:.:a:.:c:..:.il::;ci.:.: ce_u_n_ a_w_ u~.-a- v_e_rt..:.i:..:s..:.:in:.:.!g~:
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~
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T<!ke necessary action to remove unlawful
adve rtise men ts and advi se onlm e int
. . -\, U t: . ~ ~
Publishing them, seeking gove rnme ntal assis tanc e if re uired. On 6-7- 2024 , the Bar Coun
ediarie .~~ -s i.
took t e necessary steps and .issued deta1· 1e d I
etters, an d ceas e an d d es1s . t not·ices
ci~ a ~i!\~ ~ ..f$rr,
to comply w· of lt1~~
directives of the High Cou rt. ,~
1th th
e
ln the rapidly evolving intersection of tech nolo
gy and the legal prof essio n, advo cate s enco
opportunities to cont~ibute to justice alon unte r unprecedented
gsid e sign ifica nt ethic al chal leng es. The
. platforms has created aven ues that may temp prol ifera tion o f ~ \
t advo cate s to enga ge in prac tices that coul
the provisions of\ the Adv ocat es Act and the d pote ntial ly violate
BCI Rules. Whi le digital platf orm s offe r tools
and enga ge clients e a to enha nce visibillty
mus t exer cise vigil ance to steer clea r of
.construed as direc t or indir ect solic itati on prac tices that could be
or unla wful adve rtisin g. T e faun atlon of
identity shou ld be rooted in genu ine achi a repu table prof essio nal
evem ents , -ethic al conctuct, and a stead fast
society's legal needs. To fortify ethic al stan dedi catio n to mee ting
dard s with in the legal com mun ity, the BCI
need to take roac tive mea sure s. This inclu and Stat e Bar Cou ncils
des im leme nting robu st educ ation al imt1atlve
.practices and issui ng deta iled guid eline s s that emp hasi se best
that clea rly defin e acce ptab le an unac cept
. Such initiatives will emp owe r advo cate s a e acet s of advo cacy.
with the know ledg e and clari ty need ed to
_com plex ities of the rapid integ ratio n of tech resp onsi bly navi gate the
nolo gy in the legal prof essio n.
(2) Whe ther it is viol ation of com merc ial spee ch of
(l) Whe ther it is viol ation of righ t to information ofadvo cate s?
pros pect ive clien ts?
0 Whe ther it is violation _o f right to access paid legal services?
Whether fore ign lawyers and law firm s can
prac tice in India ?.
In Mar ch 2018 , a divi sion benc h of Justi ces
U.U . Lali t andA .K. Goe l ruled that foreign
· are not allow ed to prac tice law in lnai lawy ers and law firms
be it fi e lif · the non- liti ious side.
t at t ere was no bar on fore ign lawy ers How ever , it deem ed
and law firms to visit Indi a for a temp orar
·adv ice to their clien ts. Recently, on Mar ch y perio d to prov ide lega l
10, 2023, the Bar Cou ncil ofln dia notif ied the
Rule s for Reg istra tion and Reg ulati on of Bar Cou ncil ofln dia
Fore ign Law yers and Fore ign Law Firm s
foreign lawy ers to set up their offic e in Indi in India , 2022 perm ittin g
a.
.In Law yers Collective v. Bar Cou ncil of
India (2010) the Bom bay High Cou rt inter
Sect ion 29 of the Act, and state d that it was prete d the mea ning of
the lawm aker s' intention to excl ude foreign
firms from repr esen ting clien ts jn both litig lawy ers and legal
ious and non- litig ious issues. Fore ign lawy
· "adv ocat es" unde r the Act and so were not ers or firm s were not
entitled to prac tice law in the country. Here
Sect ion 29 to mea n that it was tne inten t ofla , the cour t inter prete d
wma kers to proh ibit foreign lawy ers and law
"in both litigious and non- litig ious matt ers. firms from enga ging
In a nuts hell, the cour t inter prete d the 'prac
-law' to include both litigious and non- litig tice of the prof essio n of
ious matt ers inso far as foreign lawy ers/f irms
as per the Act (Indian citizens with Indi an lega were not 'adv ocat es'
l degr ees) .
Man y international law firms with interest
jn the Indi an mark et were of the belie f that
aforesaid decision , the Bom bay High Cou rt whil e arriving at the
had failed to take cogn izan ce of the appa rent
_But that wasn 't the end of the matter. Ther need s of the ina ustry.
e were still unre solv ed issues that were cons
Co~rt ofM""a~ras . The fact that forei gn lawy idere d by the High
ers often advi sed Indian clients on matt ers
whil e following a 'fly-in, fly-out' model (i.e. relating to foreig1!,law
com ing to lndia on a visit or's visa and rend
matters) was not yet ad1ud1cated. Representatio ering advi ce on
n in international com merc ial arbitratio n matt
~ Furthen:1ore, with _several foreign legal ers was in a flux
the need for mt~rpretatton was im process outs ourc ing (Ll~..0) firm s havi ng set
= m::-:i:=n-e-n-:-
=- t.==--=
- ---...:..:.....::....::.:..::.::..=..=-..::..:.:..:£...:s..:= ..:......::.=:=.--....:::..- up offic es in India ,
-~ - - - - - -

22 \Pa ge
In Bar Council of !ndia vs A.K. Balaji (2018) the Supreme During the 1990s. as India underwent economic
Cou~ held that f9r~1gn law firms or foreign lawyers could not liberalisation , the Reserve Bank of India (RBI)
~r~ctl~e th~ profession of law either on the litigation or the non- &!anted approval to several foreign law firm7to"
ht1gat10n side, unless they complied with the provisions of the establish liaison offices in the country. However,
this decision · faced legal challenges in the
Advocates Act, 1961 or the Bar Council of India rules.
Bombay High Court in 1995. The. court
In a nutshell, it became impossible for any foreign law firm to determined that the RBI's antbaciVltion fur
foreign law firms to operate liaison offices and
c~rry out any legal work in India or even have a liaison office. engage in non-litigio~ activities in India was
~owev~r, the!_: was no bar to a foreign lawyer for conducting unjustified.
mtematlonal commercial arbitration in India. It was also held
The court referred to Section 29 of the Foreign
that the visit of any foreign lawyer on fly in and fly out basis Exchange Regulation Act of 1973 (the 1973
may amount to practice of law if it is on regular basis. At the Act), which states that jndjyjdua1s or foreign
same time, liberty was granted to the Union of India and BCI to corporations who are not Indian citizens are
make rules in this regard. Thus, the earlier relaxation granted by prohibited from opening branches or other
business establishments in India for trading.
the Madras High Court (lnA.K. Balaji v. Govt. of India, 2012)
commercial, or industrial activities without prior
-to foreign lawyers from visiting India for a temporary period on · approval from the RBI. -
a ·fly in and fly out basis was restricted by the Supreme Court.
Court dealt with following issues: The primary issue addressed in the Bombay
High Court's ruling was whether foreign law
• Whether the right to practice includes both litigating' and firms could establish liaison offices in India to
non- litigating matters? (Yes) (Cited Harish Uppal). handle non-litigious matters without being
·• Whether foreign lawyers will have to meet requirements registered as lawyers under the law. The court
under Advocates Act and BCI rules? (Yes) determined that the phrase "to practice
profession of law" mentioned in Section 29 ·of
• Whether there is fly-in and fly-out requirement of Advocates
the law is inclusive of both litigians (related to
Act? (Discussed) court proceedings) and non-litigious (not related
• Whether International lawyer~ engaging in arbitration to court proceedings) practice.
proceedings done in India will be international commercial
<!rbitration? ([o be decided as per Arbitration Act) Therefore, international lawyers and law firms
are required to comply with the law and register
• Whether the person has to satisfy the requirements under
IT they wish to practice in India. The court
section 29 in its pith and substance? (Discussed) concluded that the Reserve Bank of India's
decision to allow foreign law firms to open
the court upheld previous decisions regarding the limitations on
liaison offices in India was not in accordance
.foreign law firms or lawyers practicing law in India. The court with the law.
underscored the importance of upholding the ethical standards
•and regulatory framework established by the Advocates Act,
1961, to maintain the integrity of the legal profession in the country. Allowing foreign lawyers unrestricted
'access to pra~tice in India could potentially compromise the principles and values that underpin the legal
.~stem. The court's decision aimed to safeguard the interests of Indian advocates and ensure that the legal
,profession remains a service-oriented endeavour rather than a commercial enterprise. The judgment clarified
that while foreign lawyers are not permitted to practice law in India, they can visit the country temporarily to
provide legal advice to their clients on foreign law or their own legal system. This exception allows for the
~xchange of legal knowledge and expertise while maintaining the integrity of the Indian legal system.
Additionally, foreign lawyers can participate in arbitration proceedings in Inaia related to disputes arising
from international commercial contracts under the Arbitration and Conciliation Act, 1996. This provision
enaoles foreign la~ ers to eggage in specific legal activities within the realm of international arbitration,
contributing to the growth and development of arbitration practices in India. While also allowing temporary
visits for specific legal advice purposes. Modifications were made to ensure clarity and adherence to
w ofessional standards, emphasizing the need for regulatory oversight and adherence to ethical norms in all

-legal
The Cpurt explained: " racticin of law includes not on! a pearance in co_urts but also giving of opinion,
d.£.afting of instruments, participation in conferences involving legal discuss10n. 1ese are P s
O non-

23 Ip a g C
 .. . . h' h is part of practice of law. Schem
ht1gat1on practic e w tc e in Chapter-IV of the Advocates
that advocates enrolled with the Bar . d Act .:z:
Council alone are en_t1t_e 1 to prac ftee I l))a1,_
·. h All aw, exc_ept as otherwise~~\ •
tn any ot er Iaw._ 0 thers can appear only with the perm1ss10n
. the proceedings are pending. Regul of the cou rt authont or e son 6 {" \'lr 11~
atory mec _ams~ or conduct of ad J' etClre ~
.also. The prohibition a Iicable to vacates app tes to non-litigat io~~\
- tain
an erson m I
cer l · e: · ner I "
n 1ore1g der the A ~1 1' \
a so.
• 'Fly in and fly out" basi . Vis At\
.
it of any for~i~n law~e~ on fly !n and
of law if it is on regular basis. A fly out basis may amount to pr~
casual v1S1t for g1vmg advice ma
'practice'. In case of a dispute wheth y not be covered by the expressi
er a foreign lawyer was limiting him .
casual basis for the purpose of giving self to "fly in and fly out"~;
legal advice to their clients in Ind
own system of law and on diverse inte ia regarding foreign law or thei
rnational legal issues or whether in
which is prohibited can be determine substance he was doing practic,
d by the Bar Councit oflndia. Bar
will be at liberty to make approp Council oflndia or Union oflndi,
riate Rules in this regard including
aplllJ.caPJ~~te-51:!Gh-~:s -~ extending Code of Ethics bein
_ 1
• ar on conducting arbitration in lndi · There is no
ar 1tration proceedings in respect of absolute right of the foreign lawyer
disputes arising out of a contract rela to conduc1
arl))trat1on. If the Rules of Institution ting to international commercial
al Arbitration apply or
the matter is covered by the provision
s of the Arbitration Act, Scope of Practice and Permitted Activities to
foreign lawyers may not be deb Foreign Lawyers in India
arred from conducting
arbitration proceedings arising Bar Council of India released a pres
s statement
out of international titled "Tru
- · ·commerc1al arbitration in view e Facts about BCI's Rules regardin
g
of Sections 32 and 33 of the Entry, Rules and
A~vocates Act. However, they wil Regulations of Foreign
l be governed by code of Lawyers and Law Finns in India".
conduct applicable to the legal Giving
profession in India. Bar infonnation and clarifications about the rules.
Council of India or the Union of Ind
ia are at liberty to frame The press release gave the following points in its
rules in this regard. defense:
• ervices provided by BPO Co Only foreign and international law
mpanies: BPO companies s may be
providing range of customize and the subject of legal advice from
foreign
integrated services and solicitors and law finn s to thejr clie
functions to its customers may not nts.
violate the prov1S1ons of They would only provide advisory
t~ AdvocatesAct only jf the act ivit services
ies io pitb aod substance rega rding such laws to their foreign clje
nts.
do not amount to practice of law. The Onl y non-liti gation areas will be
~anner in which they foreign solicitors and law finns.
open to
are styled may not be conclusive.
If their services do not For eign solicitors and law finns are
directly or indirectly amount to practic not
e <?flaw, the Advocates permitted to appear before any
court,
Act may not apply. This is a matter tribunal, board, statutory or regu
whi_ch may have to be latory
dealt with on case-to-case basis, authority, or other forum that is
having regard to a fa~t legally
situation. allowed to take evid ence under oath and/or
has the appearance of a court.
The court underscored the importance Only lawyers from nations whe re
of upholding the ethical Iodiw
· standards and regulatory framework lawyers are also allowed to practice
established by the Advocates enter the country; this is known
may
· Act, 1961, to maintain the integrity as a
of the legal profession in the reci procal agreement.
~ount~. Allowing foreign lawyers unr
estricted access to practice It would be permissible for foreign
m lnd1a could potentially compromis lawy ers
that underpin the legal system . e the principles and values to represent their clients in internat
ional
commercial arbitration.

Disqualification and Remo val of Names of Advocates

~ect_io_nb\ 24A of the Advocates
me1ig1 e to become Act defines disqualifications for enr
advocates: olment including individuals who are
/ Th~s~ convicted of moral turp ,
✓ lnd1v1duals convict d d itude offe nses.
v Th . .
ose d1sm1ssed efrom un er the Untou chability (Offenses) A
ct of I955
disqua\ificatio . l'ft d govern l_!.l ent
emplo ym ent due to allegations of moral
:-:-:::--- -- --n--- is -..:=
t e two years aft th turpitude. The
24 \Pa ge er e1r. re 1ease from prison or dismissa
-- - __ l from service .
 .of
• However, if someone found guilty under the above conditions is benefiting from the Probation
O~nder s Act, 1958, they are not disqualified.
State Bar
In cases of denial of enrolment due to disqualification, the State Bar Council must inform all other
prohibited
Councils, providing the applicant's name, address and reasons for denial and the applicant will be
practice
from reapplying. In legal precedents, it has been established that individuals with legal degrees cannot
cannot
other professions concurrently. Therefore, a person with a legal degree working in a different field
become an advocate. Similarly, full-time law professors Section 35 also provides the procedur:e to be
receiving regular salaries are prohibited from practicing _as followed in case a complaint of misconduct is
ad} ocates and full-time salaried law officers cannot enroll as made against an advocate:
advocates·. ,.y Any complaint of misconduct against any
advocate will be referred to the disciplinary
of the Advocates Act, the State Bar committee of the State Bar Council.
A~cording to~
Council has the authority to remove an advocate's name from the
y The State Bar Council can also Withdraw
the proceedings either on its own motion or
state roll upon receiving a request for a deceased advocate. u.e.on an apphcahon and d1recf that. ,tfie
According to Section 35(3) of the Act, a disciplinary committee inquiry be conducted by any ~ther
can make the followin g orders against an advocate guilty of disciplinary committee of the council.
misconduct after giving the concerned advocate and the V""'" An opportunity to be heard must be given to
the concerned advocate and the advocate
Advocate-Genera) an opportunity ta he heard can remove the general and then pass m;cessary orders.,
name of the advocate from the state roll.
. . .

_MODULE II - BAR COUNCILS AND REGULATIQN OF LEGAL PROFESSION

The Bar Council of India is a statutory body created by The statutory /!!.._nctions of the Bar Council" of India
Parliament to regulate and represent the Indian Bar. We perform under Sectio~ fthe Advocate Act, 1961, are listed
the regulatory function by prescribing standards of professional as follows:
.Jo lay down $tandards of professional conduct
conduct and . etiquettes and by exercising disciplinary and etiquette for advocates.
jurisdiction over the Bar. We also set standards for legal To lay down the procedure to be followed by its
education and grant recognition to universities whose degree in disciplinary committ~ and the disciplii_lary
·
raw will serve as qualification for enrolment as an advocate. In· .._Y
committee of each State Bar Council.
To safeguard the rights privileges. and interests
aadition, it performs certain representative functions by of advocates.
protecting the rights, privileges and interests of advocates and To promote and support law reform.
through the creation of funds for providing financial assistance To deal with and dispose of any matter arising
to organize welfare schemes for them. under this Act which may he referred to it by a
State Bar Council.
Bar Council of India - Power and Functions I .
To exercise general supervision and control over
Section 4: Bar Council oflndia State Bar Councils.
1. Bar Council of India Composiiion: To promote legal education and to lay down
standards of such education in consultation with
• Ex officio Members,: the Universities in Indja iQlparting such education
,JY' Attomey~General of India. and the State Bar Councils.
-.AJ Solicitor-General of India. ~ To ·recognize Universities whose degree in law
shoulct be a qualification for enrolment as an
• Elected Members: One member elected by each State advocate and for that purpose to visit and inspect
Bar Council from among its members . Universities or cause directs the State Bar
2. Eligibility for Election: A _·person must possess the Councils to visit and jnspect Universities.
qualifications specified in the proviso to sub-section (2) of To conduct seminars and organize talks on legal
tQPics by eminent jurists and publish journals and
section 3 to be eligible for election as a member of the Bar papers oflegal interest.
Council oflndia. To organize legal aid to the poor in the prescribed
3. Chairman and Vice-Chairman: manner. •
....,,,- To recognize on n_ reciprocal basis foreign
• Elected by the Council in a prescribed manner. qualification in law obtained outside India for
• Persons holdin office as Chairman or Vice-Chairman admission as an advocate under this Act.
before the commencement of the vocates ..,.- To manage and invest the funds of the Bar
~ uncil.

25 Ip a g C